The Law Offices of Brandon Bernstein, LLC.http://www.brandonbernsteinlaw.com
Integrity. Experience. Results.Mon, 04 Feb 2019 23:21:02 +0000en-UShourly1https://wordpress.org/?v=4.9.9What Do The Latest Divorce Trends Have to Tell Us?http://www.brandonbernsteinlaw.com/what-do-the-latest-divorce-trends-have-to-tell-us/
http://www.brandonbernsteinlaw.com/what-do-the-latest-divorce-trends-have-to-tell-us/#respondMon, 04 Feb 2019 23:21:02 +0000http://www.brandonbernsteinlaw.com/?p=1742Looking at Divorce News for Key Changing Issues Marriage and divorce are permanent ideals which never change. Right? Well, not so much. Certainly, you can look around and get an idea that today’s generation is waiting longer to get married than you did, and likely that you did longer than your parents did. But there’s more to it than that, and there are both interesting pieces of statistical evidence as well as other news and developments which show how marriage and divorce are evolving in 2019. Divorce & Marriage Rates Are Decreasing: From 2000 to 2016, the marriage rate dropped from 8.2 to 6.9 marriages per 1,000 people. In the same years, the divorce rate dropped from 4.0 to 3.2. Perhaps the extra people who aren’t getting married are the same ones who aren’t getting divorced down the road, too. …But Not For Everyone: Not all divorce is down, though. Gray divorce is up. The phrase references couples in long-term marriages, both over the age of 50, getting divorced. Such cases have doubled since 1990. Dogs Are the Best People: That’s how the joke goes, at least. And if you take that to heart, then you probably think that animals have rights and aren’t disposable pieces of property, and their wellbeing should be considered. Well, California just became the 3rd straight in the country to enact legislation stipulating just that. Crypto Confusion: Cryptocurrency is becoming a major headache for divorce cases, one which may only continue to become worse and […]

Marriage and divorce are permanent ideals which never change. Right? Well, not so much. Certainly, you can look around and get an idea that today’s generation is waiting longer to get married than you did, and likely that you did longer than your parents did. But there’s more to it than that, and there are both interesting pieces of statistical evidence as well as other news and developments which show how marriage and divorce are evolving in 2019.

Divorce & Marriage Rates Are Decreasing: From 2000 to 2016, the marriage rate dropped from 8.2 to 6.9 marriages per 1,000 people. In the same years, the divorce rate dropped from 4.0 to 3.2. Perhaps the extra people who aren’t getting married are the same ones who aren’t getting divorced down the road, too.

…But Not For Everyone: Not all divorce is down, though. Gray divorce is up. The phrase references couples in long-term marriages, both over the age of 50, getting divorced. Such cases have doubled since 1990.

Dogs Are the Best People: That’s how the joke goes, at least. And if you take that to heart, then you probably think that animals have rights and aren’t disposable pieces of property, and their wellbeing should be considered. Well, California just became the 3rd straight in the country to enact legislation stipulating just that.

Crypto Confusion: Cryptocurrency is becoming a major headache for divorce cases, one which may only continue to become worse and worse. Consider the wild fluctuations in value that make it hard to pin down as an asset to be divided. Then, consider that the entire system was designed as a secure means of transactions, meaning good luck tracing it if someone decides to hide rather than disclose their crypto holdings.

The Richest Fortune in History, Halved: Jeff Bezos won’t be the richest man on the planet much longer, though we shouldn’t feel too bad for him, as he’ll still be in the top 5. But with news of the Bezos divorce case, his $140 billion net worth is set to be divvied up. Goes to show you that no matter how rich and powerful you are, the power of a well thought out prenuptial agreement may be even greater.

Have any questions about what the latest divorce news or trends mean for you and your case? Call our office at 240.395.1418 for a free consultation today.

]]>http://www.brandonbernsteinlaw.com/what-do-the-latest-divorce-trends-have-to-tell-us/feed/0Jeff Bezos & The Most Expensive Divorce in Historyhttp://www.brandonbernsteinlaw.com/jeff-bezos-the-most-expensive-divorce-in-history/
http://www.brandonbernsteinlaw.com/jeff-bezos-the-most-expensive-divorce-in-history/#respondMon, 04 Feb 2019 22:59:00 +0000http://www.brandonbernsteinlaw.com/?p=1740What Happens When the World’s Richest Man Gets Divorced? Heavy is the head that wears the crown, as the saying goes. So it is that not long after Jeff Bezos was declared the richest person in the world, and the richest individual in modern history, that he’s now staring down what will likely be the most expensive divorce in history, as he and his wife MacKenzie Bezos announced their pending divorce in January. The latest figures for Jeff Bezos and his personal wealth shows that he’s worth approximately $140 billion. That figure fluctuates, as the bulk of it is predicated on his 16% ownership stake in Amazon. Meanwhile, Bezos’ other assets have been partially tallied in stories such as this one on CNet, and include The Washington Post, which Bezos bought for $250 million over five years ago and Blue Origin, Bezos’ rocket company. The couple together own what’s considered the largest home in Washington, D.C., two homes in Beverly Hills, a ranch in Texas, and two homes in Medina, Washington. That’s for starters, of course. Considering Bezos’ position with Amazon and his ownership stake there, the company and its shareholders may have some legitimate cause for concern with how this divorce shakes out. Will his 16% stake in Amazon be split in half, leaving two 8% shareholders wielding equal shareholder power, despite Bezos’ presence as CEO? Will Bezos sell some of his stake in the company to pay out his ex-wife, as opposed to transferring the shares? Will all […]

Heavy is the head that wears the crown, as the saying goes. So it is that not long after Jeff Bezos was declared the richest person in the world, and the richest individual in modern history, that he’s now staring down what will likely be the most expensive divorce in history, as he and his wife MacKenzie Bezos announced their pending divorce in January.

The latest figures for Jeff Bezos and his personal wealth shows that he’s worth approximately $140 billion. That figure fluctuates, as the bulk of it is predicated on his 16% ownership stake in Amazon.

Meanwhile, Bezos’ other assets have been partially tallied in stories such as this one on CNet, and include The Washington Post, which Bezos bought for $250 million over five years ago and Blue Origin, Bezos’ rocket company. The couple together own what’s considered the largest home in Washington, D.C., two homes in Beverly Hills, a ranch in Texas, and two homes in Medina, Washington. That’s for starters, of course.

Considering Bezos’ position with Amazon and his ownership stake there, the company and its shareholders may have some legitimate cause for concern with how this divorce shakes out. Will his 16% stake in Amazon be split in half, leaving two 8% shareholders wielding equal shareholder power, despite Bezos’ presence as CEO? Will Bezos sell some of his stake in the company to pay out his ex-wife, as opposed to transferring the shares? Will all of the above in anyway hinder Amazon as a company in terms of leadership, financial flexibility, growth plans, or anything else?

Of course, the Bezos divorce case and its likelihood of becoming the most expensive divorce in history also further underscores a point we’ve made before, that even in loving relationships in which both parties share all of the best intentions, a prenuptial agreement is always a smart idea. Further, even a postnuptial agreement put in place after the founding of Amazon, or after its initial surge in growth and profitability, would have been a wise idea. It’s not entirely clear what the couple had in place, though reports indicate there was at least no prenuptial agreement.

Clearly, there’s a lot on the line, potentially $70 billion, give or take. We’ll all be continuing to follow the most expensive divorce in history and how it plays out, and it goes to show you that even the richest man in the world can end up in a precarious position when it comes to divorce and family law.

]]>http://www.brandonbernsteinlaw.com/jeff-bezos-the-most-expensive-divorce-in-history/feed/0Dogs in Divorce: More States are Treating Pets as People not Propertyhttp://www.brandonbernsteinlaw.com/dogs-in-divorce-more-states-are-treating-pets-as-people-not-property/
http://www.brandonbernsteinlaw.com/dogs-in-divorce-more-states-are-treating-pets-as-people-not-property/#respondMon, 04 Feb 2019 22:52:53 +0000http://www.brandonbernsteinlaw.com/?p=1739States are Passing Laws Regarding How to Handle Pets in Divorce Cases Two years ago, we shared news that Alaska became the first state to formally pass statutes regarding how to handle pets in divorce cases, requiring courts in the state to consider the wellbeing of the animal as opposed to simply viewing a dog as property to be divvied up between the two parties. They aren’t alone anymore, as at the start of 2019, a new law has gone into effect in the state of California as well. California’s law is a bit different than what has been seen elsewhere. It essentially allows judges the opportunity to consider the rights and wellbeing of the animal, as opposed to requiring them to do so. In cases where it’s relevant though, it’s hard to envision judges ignoring this new statute and reverting back to simply treating the pet as property. It’s not just dogs in divorce, either. It’s actually all animals which are pets, whether cats or anything else. One study five years ago found that nearly 90% of the time dogs were viewed as the most disputed animals between couples, though, so they’re clearly the most prevalent. California is actually the third to pass such a law. Following Alaska in 2017 was Illinois last year, and now, the new measure in California which has been added to the mix. It wouldn’t be a surprise to see more states follow along in the years ahead. Many such matters begin in this […]

]]>States are Passing Laws Regarding How to Handle Pets in Divorce Cases

Two years ago, we shared news that Alaska became the first state to formally pass statutes regarding how to handle pets in divorce cases, requiring courts in the state to consider the wellbeing of the animal as opposed to simply viewing a dog as property to be divvied up between the two parties. They aren’t alone anymore, as at the start of 2019, a new law has gone into effect in the state of California as well.

California’s law is a bit different than what has been seen elsewhere. It essentially allows judges the opportunity to consider the rights and wellbeing of the animal, as opposed to requiring them to do so. In cases where it’s relevant though, it’s hard to envision judges ignoring this new statute and reverting back to simply treating the pet as property.

It’s not just dogs in divorce, either. It’s actually all animals which are pets, whether cats or anything else. One study five years ago found that nearly 90% of the time dogs were viewed as the most disputed animals between couples, though, so they’re clearly the most prevalent.

California is actually the third to pass such a law. Following Alaska in 2017 was Illinois last year, and now, the new measure in California which has been added to the mix. It wouldn’t be a surprise to see more states follow along in the years ahead. Many such matters begin in this fashion—a slow trickle, one at a time, of states passing measures that others have. Momentum then builds and numbers sometimes quickly rise. From there, a larger countrywide consensus occasionally forms.

Maryland has shown malleability in regards to family law though. That’s been seen in recent years in everything from the legalization of same sex marriage and same sex divorce, to the provision allowing for mutual consent divorce in Maryland. It wouldn’t be a total surprise then to see Maryland change its stance on dogs in divorce at some point in the near future.

]]>http://www.brandonbernsteinlaw.com/dogs-in-divorce-more-states-are-treating-pets-as-people-not-property/feed/0Marriage & Divorce Rates Are Both Down in the U.S.http://www.brandonbernsteinlaw.com/marriage-divorce-rates-are-both-down-in-the-u-s/
http://www.brandonbernsteinlaw.com/marriage-divorce-rates-are-both-down-in-the-u-s/#respondTue, 13 Nov 2018 22:48:15 +0000http://www.brandonbernsteinlaw.com/?p=1736Analyzing the Latest Marriage & Divorce Statistics The National Center for Health Statistics (NCHS), a component of the CDC, updates all types of annual statistics on the way Americans are living their lives. One such important area is of course that of marriage, and correspondingly, divorce. The latest figures, which show the full annual totals from 2016, show that the marriage rate and the divorce rate in the country are both down. Taking a look at the marriage rate in the United States, in 2016, there were 2,245,404 marriages from a population of 323,127,513. This translates to a rate of 6.9 marriages per 1,000 total population. This level of 6.9 isn’t the lowest it’s been, but it is down substantially from the turn of the millennium, when there was a rate of 8.2 per 1,000. What does that actually mean? With over 40 million more people, there were 70,000 less marriages, a rather large downturn when seen in that light. Interestingly, with the marriage rate down, the divorce rate is also on the downward sing. In 2016, there were 827,261 divorces and annulments from a reported population of 257,904,548 (overall statistics depend upon reporting states), for a rate of 3.2 divorces per 1,000 population. In 2000, there had been 944,000 divorces from a reported 233,550,143 population, a rate of 4.0 per 1,000. Again, looking at the overall numbers, the figures showcase 24 million more people, with 115,000 fewer divorces. The way to analyze both of these statistics in tandem, while […]

The National Center for Health Statistics (NCHS), a component of the CDC, updates all types of annual statistics on the way Americans are living their lives. One such important area is of course that of marriage, and correspondingly, divorce. The latest figures, which show the full annual totals from 2016, show that the marriage rate and the divorce rate in the country are both down.

Taking a look at the marriage rate in the United States, in 2016, there were 2,245,404 marriages from a population of 323,127,513. This translates to a rate of 6.9 marriages per 1,000 total population. This level of 6.9 isn’t the lowest it’s been, but it is down substantially from the turn of the millennium, when there was a rate of 8.2 per 1,000. What does that actually mean? With over 40 million more people, there were 70,000 less marriages, a rather large downturn when seen in that light.

Interestingly, with the marriage rate down, the divorce rate is also on the downward sing. In 2016, there were 827,261 divorces and annulments from a reported population of 257,904,548 (overall statistics depend upon reporting states), for a rate of 3.2 divorces per 1,000 population. In 2000, there had been 944,000 divorces from a reported 233,550,143 population, a rate of 4.0 per 1,000. Again, looking at the overall numbers, the figures showcase 24 million more people, with 115,000 fewer divorces.

The way to analyze both of these statistics in tandem, while admittedly oversimplifying the matter, is to say that fewer people getting married means that fewer people are rushing into things before they’re ready, or before they are absolutely certain of the other person. As this has happened and the marriage rate has declined, the divorce rate has declined in turn.

There are myriad other factors to this, including the economy, financial wellbeing for both men and women, student debt, societal standards for the appropriate ages to be married and then to have children, and on down the line from there. Further, while the statistics are down on the whole, other segments of the population are moving in the other direction. For instance, gray divorce is still rapidly on the rise, and while that represents a small piece of the overall puzzle, it reflects those societal standards and changing conditions we were just mentioning.

Of course, nobody’s life is a statistic and everyone is different. It’s worth looking at the statistics across the country while realizing that anybody’s personal circumstances could dictate something much different at any given time.

]]>http://www.brandonbernsteinlaw.com/marriage-divorce-rates-are-both-down-in-the-u-s/feed/0The Implications of Cryptocurrency in Divorcehttp://www.brandonbernsteinlaw.com/the-implications-of-cryptocurrency-in-divorce/
http://www.brandonbernsteinlaw.com/the-implications-of-cryptocurrency-in-divorce/#respondTue, 13 Nov 2018 22:43:54 +0000http://www.brandonbernsteinlaw.com/?p=1735Cryptocurrency Divorce Adds a Modern Complication As cryptocurrencies, headlined by Bitcoin, moved from a niche financial product to one in the mainstream, they have also started to add new layers of complexity and complication to divorce proceedings. As a new and different type of financial asset, there are several important implications with cryptocurrency in divorce. One of the first issues at hand is the valuation of a cryptocurrency. As has been widely reported, the speculative nature of the crypto market has made for wild swings in value. Even when not in the throes of chaotic thousand-point ups and downs, the valuations still move rapidly. Therefore, the parties may have difficulty reaching a set valuation of the cryptocurrency held as an asset. A date needs to be chosen to create that valuation, or ongoing valuations need to occur at different dates throughout the process. More sensibly perhaps would be an alternative take—splitting up the total amount of Bitcoin in terms of quantity between the two parties, as opposed to the value that Bitcoin represents. Of course, one party or the other may personally believe more in the future value of that asset as opposed to traditional assets, and that adds another element to the negotiation of a divorce and who gets what. Beyond the difficulties of setting a valuation is perhaps an even larger complication, the prospect that cryptocurrency assets could be hidden by one party from the other. Cryptocurrency markets were designed for the anonymity of the holdings and security […]

As cryptocurrencies, headlined by Bitcoin, moved from a niche financial product to one in the mainstream, they have also started to add new layers of complexity and complication to divorce proceedings. As a new and different type of financial asset, there are several important implications with cryptocurrency in divorce.

One of the first issues at hand is the valuation of a cryptocurrency. As has been widely reported, the speculative nature of the crypto market has made for wild swings in value. Even when not in the throes of chaotic thousand-point ups and downs, the valuations still move rapidly. Therefore, the parties may have difficulty reaching a set valuation of the cryptocurrency held as an asset. A date needs to be chosen to create that valuation, or ongoing valuations need to occur at different dates throughout the process.

More sensibly perhaps would be an alternative take—splitting up the total amount of Bitcoin in terms of quantity between the two parties, as opposed to the value that Bitcoin represents. Of course, one party or the other may personally believe more in the future value of that asset as opposed to traditional assets, and that adds another element to the negotiation of a divorce and who gets what.

Beyond the difficulties of setting a valuation is perhaps an even larger complication, the prospect that cryptocurrency assets could be hidden by one party from the other. Cryptocurrency markets were designed for the anonymity of the holdings and security of the transactions being placed.

While the financial discovery process of a divorce would include this, and experienced attorneys will now be careful to add in the correct language to ensure it’s not overlooked, there’s still the potential for deceit though. With careful maneuverings, there could be little to no trace of a cryptocurrency asset. What kinds of chances might one party be willing to take in order to hide a large asset in the form of cryptocurrency holdings?

Technology is continuing to rapidly change our way of lives, and our knowledge of and involvement with cryptocurrencies is still only in its nascent stages. Expect to see more news in the years to come in terms of how courts and family law on the whole handles cryptocurrency in divorce.

]]>http://www.brandonbernsteinlaw.com/the-implications-of-cryptocurrency-in-divorce/feed/0Maryland Updates Mutual Consent Divorce Provisionshttp://www.brandonbernsteinlaw.com/maryland-updates-mutual-consent-divorce-provisions/
http://www.brandonbernsteinlaw.com/maryland-updates-mutual-consent-divorce-provisions/#respondTue, 13 Nov 2018 22:39:47 +0000http://www.brandonbernsteinlaw.com/?p=1734Couples with Minor Children May Now Utilize Mutual Consent Divorce in Maryland It’s been a few years since the Maryland General Assembly first passed a provision allowing for what it called mutual consent as a grounds for absolute divorce in the state. You can read all about mutual consent divorce in our original update on the subject. Now though there’s been an update, and the bill which passed this year adds provisions so that many more parties may now be able to use mutual consent if they so choose. The newly passed bill allows for parties with minor children to use mutual consent as a grounds for divorce as well. This is a major update, as previously, parties with minor aged children were simply prohibited from using the grounds of mutual consent. That means they lost out on the option to experience all of the benefits of mutual consent divorce in Maryland. Namely: you don’t have to wait a full year of separation in order to proceed, and that all matters pertaining to the divorce—alimony and property distribution—can be settled in advance with a written, signed separation agreement. As long as neither party filed to set aside that agreement, the parties must simply attend the court hearing, then have the matter closed. All of the above still applies for parties with minor children. In addition, the parties must also enter into a written agreement on all issues pertaining to the children, noted as “the care, custody, access, and support of […]

]]>Couples with Minor Children May Now Utilize Mutual Consent Divorce in Maryland

It’s been a few years since the Maryland General Assembly first passed a provision allowing for what it called mutual consent as a grounds for absolute divorce in the state. You can read all about mutual consent divorce in our original update on the subject. Now though there’s been an update, and the bill which passed this year adds provisions so that many more parties may now be able to use mutual consent if they so choose.

The newly passed bill allows for parties with minor children to use mutual consent as a grounds for divorce as well. This is a major update, as previously, parties with minor aged children were simply prohibited from using the grounds of mutual consent.

That means they lost out on the option to experience all of the benefits of mutual consent divorce in Maryland. Namely: you don’t have to wait a full year of separation in order to proceed, and that all matters pertaining to the divorce—alimony and property distribution—can be settled in advance with a written, signed separation agreement. As long as neither party filed to set aside that agreement, the parties must simply attend the court hearing, then have the matter closed.

All of the above still applies for parties with minor children. In addition, the parties must also enter into a written agreement on all issues pertaining to the children, noted as “the care, custody, access, and support of minor or dependent children.” If child support is at issue, a child support worksheet should be attached to the agreement. The court must then concur that the agreement as it’s laid out is in the best interests of the children.

There’s more work to be done then as opposed to parties getting divorced without children involved, but that’s always going to be the case. The key is that you can still opt to pursue mutual consent as a grounds for absolute divorce if you’d like to, and take advantage of the benefits of this provision.

The full bill can be found on the General Assembly of Maryland’s website here, so you can see the text in its entirety if you so choose. If you have any questions on Maryland mutual consent divorce or are wondering if it’s the right path for you to pursue, call us today to schedule a free consultation at 240.395.1418.

]]>http://www.brandonbernsteinlaw.com/maryland-updates-mutual-consent-divorce-provisions/feed/0Bitcoin & Divorce: What You Need to Know About Cryptocurrency in Divorce Caseshttp://www.brandonbernsteinlaw.com/bitcoin-divorce-about-cryptocurrency-in-divorce-cases/
http://www.brandonbernsteinlaw.com/bitcoin-divorce-about-cryptocurrency-in-divorce-cases/#respondFri, 03 Aug 2018 22:04:26 +0000http://www.brandonbernsteinlaw.com/?p=1729Sorting Through the Complexity of Cryptocurrency as a Financial Asset in Divorce Financial concerns are always at or near the top of the list when a couple is going through a divorce. In the past, we’ve detailed the discovery process in divorce, and how one spouse is able to precisely track down what the other spouse is worth. However, throwing Bitcoin and divorce into the same discussion creates a new set of complexities. You have to keep in mind the entire way that cryptocurrencies were designed. The main emphasis was always on both anonymity as well as the security of transactions. This makes the aforementioned financial discovery process far trickier than it would be for other types of assets. Consider that you may be able to accurately identify an outgoing financial transaction from a bank account or credit card to a cryptocurrency wallet or gateway service designed to convert funds and process transactions. However, at that point the incoming money is lost. If it’s transferred to a different crypto market service, funneled through different cryptocurrencies, converted back to cash, or anything else, there’s no direct line or record of transaction A leading to transaction B. There’s another issue when it comes to cryptocurrency & divorce, and that’s the matter of valuation. Cryptocurrencies are notorious for high-paced, rapid-fire market swings, which can offer an enormous increase or decrease in value in very little amount of time. So, at which point is there an accepted valuation of the assets? Is that valuation […]

]]>Sorting Through the Complexity of Cryptocurrency as a Financial Asset in Divorce

Financial concerns are always at or near the top of the list when a couple is going through a divorce. In the past, we’ve detailed the discovery process in divorce, and how one spouse is able to precisely track down what the other spouse is worth. However, throwing Bitcoin and divorce into the same discussion creates a new set of complexities.

You have to keep in mind the entire way that cryptocurrencies were designed. The main emphasis was always on both anonymity as well as the security of transactions. This makes the aforementioned financial discovery process far trickier than it would be for other types of assets.

Consider that you may be able to accurately identify an outgoing financial transaction from a bank account or credit card to a cryptocurrency wallet or gateway service designed to convert funds and process transactions. However, at that point the incoming money is lost. If it’s transferred to a different crypto market service, funneled through different cryptocurrencies, converted back to cash, or anything else, there’s no direct line or record of transaction A leading to transaction B.

There’s another issue when it comes to cryptocurrency & divorce, and that’s the matter of valuation. Cryptocurrencies are notorious for high-paced, rapid-fire market swings, which can offer an enormous increase or decrease in value in very little amount of time. So, at which point is there an accepted valuation of the assets? Is that valuation constantly tracked, reported on, and changed? What happens if there’s a wild swing in one direction or another after a valuation has been set?

We’re only beginning to scratch the surface of what this all means, as this story on Vice News reports. Consider that Bitcoin was only introduced in 2009, less than a decade ago. Ripple (XRP) didn’t debut until 2012, and Ethereum didn’t appear until 2015. While there’s been an increase amount of buzz and interest, these are still exceedingly new services, and it’s only been within perhaps the last two years that the general public has begun to view cryptocurrencies as legitimate.

Bitcoin and divorce is a subject we’re going to have to keep our eyes on, and it’s something we expect to be hearing much more about in the years ahead. If you’re facing divorce and looking for an experienced Maryland divorce attorney, give us a call at 240.395.1418 for a free consultation.

]]>http://www.brandonbernsteinlaw.com/bitcoin-divorce-about-cryptocurrency-in-divorce-cases/feed/0What Exactly is Divorce Mediation in Maryland?http://www.brandonbernsteinlaw.com/what-exactly-is-divorce-mediation-in-maryland/
http://www.brandonbernsteinlaw.com/what-exactly-is-divorce-mediation-in-maryland/#respondTue, 17 Apr 2018 22:13:19 +0000http://www.brandonbernsteinlaw.com/?p=1712Understanding Divorce Mediation and How it Works in Maryland Any way you look at it, divorce can be a daunting process representing a major life change. It can be stressful, expensive, time consuming, and altogether, a major mental and emotional drain, even when there is a brighter future ahead. Because of all of this, divorce mediation in Maryland has become a commonly used path towards reaching a resolution to and conclusion of the marriage. What exactly does it entail, and is it right for you? Read on to learn more. Divorce mediation is a process in which the two Parties pursuing divorce look to resolve all of the issues of the divorce before entering the courtroom. This is an entirely voluntary process, and in many cases, is chosen because it reduces all of the issues mentioned above: the burden of stress, time lost, heated fights in a courtroom setting, and financial costs as well. Additionally, in certain cases, the Court can order the Parties to attend mediation. When handled by an experienced Maryland divorce mediator, the hope is that a mutually beneficial solution can be reached. Both spouses get direct input and control over the process and a guided compromise may be uncovered. This is as opposed to a courtroom setting, where you can make your argument, but ultimately, direct control over the final outcome is out of the hands of either spouse. If the Parties are able to reach an agreement with regard to their issues, then they can […]

Any way you look at it, divorce can be a daunting process representing a major life change. It can be stressful, expensive, time consuming, and altogether, a major mental and emotional drain, even when there is a brighter future ahead. Because of all of this, divorce mediation in Maryland has become a commonly used path towards reaching a resolution to and conclusion of the marriage.

What exactly does it entail, and is it right for you? Read on to learn more.

Divorce mediation is a process in which the two Parties pursuing divorce look to resolve all of the issues of the divorce before entering the courtroom. This is an entirely voluntary process, and in many cases, is chosen because it reduces all of the issues mentioned above: the burden of stress, time lost, heated fights in a courtroom setting, and financial costs as well. Additionally, in certain cases, the Court can order the Parties to attend mediation.

When handled by an experienced Maryland divorce mediator, the hope is that a mutually beneficial solution can be reached. Both spouses get direct input and control over the process and a guided compromise may be uncovered. This is as opposed to a courtroom setting, where you can make your argument, but ultimately, direct control over the final outcome is out of the hands of either spouse.

If the Parties are able to reach an agreement with regard to their issues, then they can proceed with an uncontested divorce so long as the grounds for divorce have been met. If the Parties are unable to reach an agreement, then eventually the matter will be set for trial in front of a Judge. With few exceptions, including allegations of child abuse, nothing discussed during mediation can be used against the Parties at trial.

If you’re facing separation or divorce and believe that divorce mediation may be a preferable option for you, then feel free to get in touch with our office for a free initial consultation. You can reach us directly at 240.395.1418.

]]>http://www.brandonbernsteinlaw.com/what-exactly-is-divorce-mediation-in-maryland/feed/0Understanding Divorce: Absolute vs. Limited, Fault vs. No Fault, Contested vs. Uncontestedhttp://www.brandonbernsteinlaw.com/understanding-divorce-absolute-vs-limited-fault-vs-no-fault-contested-vs-uncontested/
http://www.brandonbernsteinlaw.com/understanding-divorce-absolute-vs-limited-fault-vs-no-fault-contested-vs-uncontested/#respondTue, 17 Apr 2018 22:01:15 +0000http://www.brandonbernsteinlaw.com/?p=1711How are all of these types of divorce in Maryland different? Sometimes it seems like there is so much terminology and verbiage around divorce that it would be impossible to actually understand it all. Don’t worry, we’re here to help, and in this article, we’ll be discussing three pairs of phrases in terms of types of divorce with different meanings. Some overlap with one another, and some are unique to themselves, which is why it’s worthwhile to take a moment to sort it out. What’s the difference between absolute divorce and limited divorce? Absolute vs. Limited Divorce: An absolute divorce indicates the official, final legal conclusion of a marriage. A limited divorce may be granted if the Parties do not have grounds for an Absolute Divorce. While the Parties are not legally divorced after a Limited Divorce, the Court can determine certain issues such as custody, child support, and alimony. The court cannot, in a limited divorce, order the division of property. What’s the difference between fault and no fault divorce? Fault vs. No Fault Divorce: There are a variety of different grounds for divorce in Maryland. Some of these come with what’s seen as “fault,” while others are categorized as no fault. A no fault divorce may cite the legal 12 month separation period or irreconcilable differences. Other grounds for divorce are classified as at fault and include issues such as cruelty or abuse, or adultery. Mutual consent in Maryland is another form of what is essentially thought of […]

Sometimes it seems like there is so much terminology and verbiage around divorce that it would be impossible to actually understand it all. Don’t worry, we’re here to help, and in this article, we’ll be discussing three pairs of phrases in terms of types of divorce with different meanings. Some overlap with one another, and some are unique to themselves, which is why it’s worthwhile to take a moment to sort it out.

What’s the difference between absolute divorce and limited divorce?

Absolute vs. Limited Divorce: An absolute divorce indicates the official, final legal conclusion of a marriage. A limited divorce may be granted if the Parties do not have grounds for an Absolute Divorce. While the Parties are not legally divorced after a Limited Divorce, the Court can determine certain issues such as custody, child support, and alimony. The court cannot, in a limited divorce, order the division of property.

What’s the difference between fault and no fault divorce?

Fault vs. No Fault Divorce: There are a variety of different grounds for divorce in Maryland. Some of these come with what’s seen as “fault,” while others are categorized as no fault. A no fault divorce may cite the legal 12 month separation period or irreconcilable differences. Other grounds for divorce are classified as at fault and include issues such as cruelty or abuse, or adultery.

Uncontested vs. Contested Divorce: Uncontested divorces occur when the two Parties have reached an agreement with regard to issues arising out of their marriage outside of court. This may be done via divorce mediation or legal separation agreements. In this event, the two Parties enter the courtroom to finalize the divorce, and there are no more issues remaining to be resolved, so the process is uncontested.

A contested divorce on the other hand occurs when the Parties have not resolved all of their issues. In this case, the Parties would appear before a Judge for a trial on any unresolved issues, which may include grounds for divorce, alimony, custody, child support, division of marital property, and attorney’s fees, among other matters.

If you are facing separation or divorce, you should seek out legal assistance immediately. Call our office at 240.395.1418 to schedule your free consultation.

]]>http://www.brandonbernsteinlaw.com/understanding-divorce-absolute-vs-limited-fault-vs-no-fault-contested-vs-uncontested/feed/010 More Must-Know Divorce Definitions and Phraseshttp://www.brandonbernsteinlaw.com/10-more-must-know-divorce-definitions-and-phrases/
http://www.brandonbernsteinlaw.com/10-more-must-know-divorce-definitions-and-phrases/#respondTue, 17 Apr 2018 21:57:16 +0000http://www.brandonbernsteinlaw.com/?p=1710Top Need to Know Divorce Terminology In a previous blog, we discussed and defined the top 10 must know divorce words. Anyone who may be contemplating a divorce or custody case should absolutely take the time to become familiar with those important words and phrases in order to fully understand all of the processes involved. Well, we’re back today with another 10 quick words and phrases for you to add to your collection so you’re not caught off guard. Take a look and as always, feel free to reach out to our team if you have any questions or need further assistance. 10 Divorce Phrases Defined Annulment: With an annulment, a marriage is dissolved by essentially stating it never took place to begin with. There are strict and limiting grounds for annulment in Maryland, meaning it is a rarely used process. These potential avenues include one Party coercing the other to be married, or one Party being married to another spouse at the time of the marriage. Common Law Marriage: A common law marriage is one in which the two Parties agree to be married and live together as husband and wife, but have not been formally, legally married. It is important to note that common law marriages are not recognized by the state of Maryland. Discovery: The discovery process for divorce in Maryland is a time in which relevant information is able to be obtained from the other Party. Two common varieties of discovery are interrogatories, of which Maryland […]

In a previous blog, we discussed and defined the top 10 must know divorce words. Anyone who may be contemplating a divorce or custody case should absolutely take the time to become familiar with those important words and phrases in order to fully understand all of the processes involved. Well, we’re back today with another 10 quick words and phrases for you to add to your collection so you’re not caught off guard. Take a look and as always, feel free to reach out to our team if you have any questions or need further assistance.

10 Divorce Phrases Defined

Annulment: With an annulment, a marriage is dissolved by essentially stating it never took place to begin with. There are strict and limiting grounds for annulment in Maryland, meaning it is a rarely used process. These potential avenues include one Party coercing the other to be married, or one Party being married to another spouse at the time of the marriage.

Common Law Marriage: A common law marriage is one in which the two Parties agree to be married and live together as husband and wife, but have not been formally, legally married. It is important to note that common law marriages are not recognized by the state of Maryland.

Discovery: The discovery process for divorce in Maryland is a time in which relevant information is able to be obtained from the other Party. Two common varieties of discovery are interrogatories, of which Maryland allows up to thirty, as well as Requests for Production of Documents, of which there is no limit. Parties may also conduct depositions whereby one Party is required to answer questions under oath in the presence of a court reporter.

Limited Divorce: A limited divorce may occur when Parties do not have grounds for an Absolute Divorce. If the Parties are separated for any period of time, they may generally file for a limited divorce and can seek alimony, child support, and custody. However, the Court cannot divide property in a Limited Divorce proceeding, nor are the Parties legally divorced at the conclusion of such a proceeding. As such, neither Party is able to remarry.

Martial Property: Marital property refers to certain property acquired by either or both Parties during the course of the marriage. The distribution of marital property is a key issue to be resolved during the divorce process, and there are many factors to consider. Certain property, including property acquired by inheritance, is not marital property.

Pendente Lite: Pendente lite translates to “pending the litigation,” and as such, it’s a temporary filing. This procedure may be used to obtain temporary relief including child access or visitation, child support, alimony, and attorney’s fees to be put into place between the time of the pendente lite hearing until the Parties’ final trial.

Prenuptial Agreement: Prenuptial agreements are signed legal agreements put into place before a marriage occurs, often dealing with financial or property issues. Getting a prenup in Maryland may prove to be beneficial for many reasons, and it’s important to note that they must be signed, written agreements. Parties can also enter into a Post-Nuptial Agreement, which is similar to a Prenuptial Agreement, except that it occurs after the Parties’ marriage.

Subpoena: Subpoenas can compel an individual to appear in court or at a deposition. Subpoenas can also compel individuals and entities to produce certain documents at trial or at deposition.

Uncontested Divorce: Uncontested divorces occur when the the Parties have no issues left to resolve and neither side is disputing or attempting to stop the divorce proceedings. Often times the Parties have a Separation Agreement or Marital Settlement Agreement.

Visitation: Visitation (or “Access” as it is referred to in Maryland) may be granted to the noncustodial parent for specific amounts of time, generally on a set schedule. In the event of abuse or neglect of a child, the Court may order supervised visitation. There are many factors affecting both child custody and visitation rights in Maryland.